Insured Refused to Pay Additional Premium for Assault & Battery Coverage
Post 5225
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Exclusion for Assault & Battery Enforced
In Golden Bear Insurance Company v. The Levee Bar & Grill, LLC et al., No. 4:24-CV-00764-DGK (W.D. Mo. Nov. 7, 2025) the bar was sued because of an assault and battery by an intoxicated patron and sought defense and indemnity from its insurer. Golden Bear (GB) denied the claim because of an assault and battery exclusion in its policy.
FACTUAL BACKGROUND
Underlying Incident and Lawsuit:
On or about an unspecified date in 2024, Defendant Adrian Hubbard (“Hubbard”), a patron at The Levee, became intoxicated after being overserved alcohol. He was removed from the bar without incident but later engaged in a brief altercation outside, bumping a female security guard. An unknown employee of The Levee (“John Doe”), perceiving a threat to himself or the guard, struck Hubbard in the head, causing him to fall and strike his head on the pavement, resulting in injuries.
Underlying Claims:
Hubbard filed suit against The Levee and John Doe in Jackson County, Missouri Circuit Court on May 20, 2024 (initial petition), alleging negligent overservice of alcohol and removal. An amended petition filed October 3, 2024, added claims of: (1) negligent supervision/training of John Doe (who allegedly had a proclivity for excessive force, which The Levee condoned); and (2) negligence in John Doe’s use of unreasonable force while acting within the scope of employment.
Coverage Denial:
The Levee tendered the claim to GB Insurance on June 26, 2024, and again after the amendment. GB Insurance denied coverage both times, citing the Exclusion.
Insurance Policy:
Plaintiff Golden Bear Insurance Company (“GB Insurance”) issued a Commercial General Liability policy to Defendant The Levee Bar & Grill, LLC (“The Levee”) for the period January 18, 2023, to January 18, 2024. The policy includes an “Assault and Battery Exclusion” (the “Exclusion”) that bars coverage for bodily injury arising from enumerated acts, allegations, or causes of action, including assault and battery. It contains a “Separation of Insureds” provision, treating coverage for each insured separately as if they were the sole insured.
PROCEDURAL HISTORY
GB filed this federal declaratory judgment action under 28 U.S.C. § 2201, seeking a declaration of no duty to defend or indemnify The Levee in the underlying lawsuit due to the Exclusion. The court stayed the underlying action pending resolution.
GB Insurance moved for judgment on the pleadings.
Issues
1 Does the Exclusion preclude coverage for the underlying claims?
2 Is the Exclusion void as against Missouri public policy, which favors self-defense?
ANALYSIS
To succeed on a motion to dismiss the movant must show no material factual issues remain and entitlement to judgment as a matter of law.
Applicability of Exclusion:
Defendants did not contest GB Insurance’s argument that the Exclusion bars coverage for the underlying tort claims (negligent supervision/training and negligence arising from the alleged assault). This constitutes waiver.
Exclusion Not Void Against Public Policy:
Defendants argued the Exclusion violates Missouri’s policy favoring self-defense (citing a carve-out for “reasonable force to protect persons or property”), entitling coverage for John Doe’s alleged defensive act. The court rejected this as “borderline frivolous,” unsupported by caselaw.
Distinction Between Defenses and Coverage:
Self-defense is a valid criminal/civil defense insulating from liability, but it does not mandate insurance coverage for intentional/excluded conduct. These are separate issues.
Contract Interpretation:
Missouri courts will not rewrite policies to create unagreed coverage. The Levee could have purchased optional assault/battery coverage (at extra premium) but did not. Enforcing the Exclusion upholds freedom of contract and is not against public policy.
HOLDING
The motion was granted. GB Insurance had no duty to defend or indemnify The Levee (or any insured) in the underlying lawsuit because the Exclusion applies without material factual dispute. The Exclusion is enforceable.
CONCLUSION
The court declared the Exclusion applies, absolving GB Insurance of defense/indemnity duties.
ZALMA OPINION
Insurance policies limit the risks that the insurer is willing to take. When insuring a bar insurers are usually concerned with the liability of the bar for injuries to third parties due to the intoxication of patrons and the actions of staff to quell disputes between intoxicated persons. GB offered the insured coverage for assault and battery at a higher premium which the insured rejected and opted for the policy with the exclusion and took their chances. When sued the bar attempted to change the policy wording to obtain coverage for which they did not pay a premium only to find itself responsible individually for the costs of defense and indemnity.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Happy Law Day
ZIFL – Volume 30, Issue 9 – May 1, 2026
Read the full article at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-may-1-2026-barry-zalma-esq-cfe-2tywc, see the video at at and at https://zalma.com/blog plus more than 5300 posts.
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
ZIFL – Volume 30, Issue 9 – May 1, 2026
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year and is written by Barry Zalma.
DOJ Creates National Fraud Enforcement Division
Will the Feds Take on Insurance Fraud? Possibly as Part of a National Anti-Fraud Effort
On April 7, 2026, the Acting Attorney General, Todd Blanche, issued a memorandum establishing the Department of Justice National Fraud Enforcement Division (NFED). The memo describes an ambitious, but perhaps redundant, vision for this ...
When Abalone Died As a Result of Multiple Causes The Efficient Proximate Cause Requires Payment
Post number 5345
Read the full article at https://www.linkedin.com/pulse/efficient-proximate-cause-doctrine-saves-claim-barry-zalma-esq-cfe-yndlc, see the video at and at and at https://zalma.com/blog plus more than 5300 posts.
In American Abalone Farms, LLC v. Star Insurance Company et al., H052643, California Court of Appeals, Sixth District (April 27, 2026) the Court of Appeals dealt with an insurance coverage issue that required application of the efficient proximate cause doctrine.
FACTS
American Abalone Farms, LLC ("American Abalone" ) operates an aquaculture farm in Santa Cruz County, California, raising abalone in tanks. In August 2020, the CZU Lightning Complex Fires led to a prolonged power outage and road closures near the farm. As a result, the farm’s water pumps failed, causing the death of most of the ...
Breach of a Specific Condition Precedent Is a Complete Defense
See the video at and at and at https://zalma.com/blog plus more than 5300 posts.
In United Services Automobile Association and State Farm Mutual Automobile Insurance Company v. Anthony Wenzell, 2026 CO 25 (Colo. Apr. 27, 2026) Anthony Wenzell was rear-ended in a car accident. He had a significant prior 2014 accident that required back surgery.
Wenzell claimed underinsured-motorist (UIM) benefits under three policies: (1) the tortfeasor’s liability policy, (2) his own primary UIM policy with State Farm, and (3) an excess UIM policy issued by USAA (under his brother’s policy, which contained an “other insurance” clause making USAA’s coverage excess over any collectible insurance).
After receiving the claims, both USAA and State Farm repeatedly requested that Wenzell execute comprehensive medical-release authorizations so they could obtain his full medical records and ...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
What Must be Done after Notice of a Claim is Received by the Insurer
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A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...
